Indiana Code §§ 22-3-6-1(b) (1) & (2) provide the parameters under which an “executive officer” of a “governmental subdivision” can be brought within coverage by including them specifically in the insurance contract. IC 22-3-6-1(b) (2) states “An executive officer of a municipal corporation or other governmental subdivision or of a charitable, religious, educational, or other nonprofit corporation may…be brought within the coverage…by specifically including the executive officer in the contract of insurance.” IC 22-3-6-1(b) (1) “An executive officer elected or appointed and empowered in accordance with the charter and bylaws of a corporation, other than a municipal corporation or governmental subdivision or a charitable, religious, educational, or other nonprofit corporation, is an employee of the corporation under IC 22-3-2 through IC 22-3-6….” However given the statute wording, it could be interpreted that board members could be considered executive officers of the township, and therefore, the township could elect to cover them. In the corporate world, we wouldn’t consider board members to be employees. Some carriers treat trustees as regular employees and other treat them as executive officers.Īlso, some townships desire to cover the township advisory board members on their workers compensation policies. These questions arise when providing workers compensation insurance coverage for townships.
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